Illinois General Assembly - Illinois Compiled Statutes

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415 ILCS 5/35

(415 ILCS 5/35) (from Ch. 111 1/2, par. 1035)

Sec. 35.

Variances; general provisions.

To the extent consistent with applicable provisions of the
Federal Water Pollution Control Act, as now or hereafter amended, the Federal
Safe Drinking Water Act (P.L. 93-523), as now or hereafter amended, the Clean
Air Act as amended in 1977 (P.L. 95-95), and regulations pursuant thereto, and
to the extent consistent with applicable provisions of the Federal Resource
Conservation and Recovery Act of 1976 (P.L. 94-580), and regulations pursuant
thereto:

(a) The Board may grant individual
variances beyond the limitations prescribed in this Act, whenever it
is found, upon presentation of adequate proof, that compliance with any
rule or regulation, requirement or order of the Board would impose an
arbitrary or unreasonable hardship.  However, the Board is not required to
find that an arbitrary or unreasonable hardship exists exclusively because
the regulatory standard is under review and the costs of compliance are
substantial and certain.  In granting or denying a variance the Board shall
file and publish a written opinion stating the facts and reasons leading to
its decision.

(b) The Agency shall grant provisional variances whenever
it is found, upon presentation of adequate proof, that compliance on a short
term basis with any rule or
regulation, requirement or order of the Board, or with any permit
requirement, would impose an arbitrary or unreasonable hardship.

(Source: P.A. 93-152, eff. 7-10-03.)